2005 Idaho Code - 39-7913 — VIOLATIONS AND ENFORCEMENT

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 79
                   LOCAL OPTION SWINE FACILITIES SITING ACT
    39-7913.  VIOLATIONS AND ENFORCEMENT. (1) The following acts are unlawful:
    (a)  Failure to comply with this chapter and any rules of the department
    regulating swine facilities, and conditions of site approval granted
    pursuant to this chapter;
    (b)  Knowingly making a false statement, representation, or certification
    in any application report, document, or record developed, maintained, or
    submitted pursuant to this chapter, rules or conditions of a site
    approval.
    (2)  Any person violating this chapter or any site approval or order under
this chapter is liable for a civil or criminal penalty in accordance with
chapter 1, title 39, Idaho Code. The director may apply the provisions of
chapter 1, title 39, Idaho Code, to ensure compliance.
    (3)  The director may revoke a site approval:
    (a)  For material violation of any condition of a site approval, final
    agency order or order or judgment of a court secured by any state or
    federal agency and relating to the operation of a swine facility;
    (b)  If an approval was obtained by misrepresentation or failure to
    disclose all relevant facts;
    (c)  If approval for adequate water rights cannot be obtained from the
    Idaho department of water resources;
    (d)  The site or facility does not meet the requirements of this chapter.
    (4)  A private right of action on behalf of any person who has been
injured or damaged by any approval authorized in this chapter or violation of
the terms of any approval or rule authorized in this chapter may be maintained
in accordance with the provisions of this chapter and/or the provisions of
chapter 52, title 67, Idaho Code, as applicable.